Maestría en Derecho Constitucional

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    Mecanismos de la reparación integral a la víctima y la justicia inmaterial
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-07) Arias Galiano, Evelyn Gabriela; Arcos Morales, Jorge Enrique
    Ecuador has adopted integral reparation in its criminal justice system as a restorative element, which constitutes a constitutional right for victims of criminal offenses. It is expressly determined in article 18 of the Organic Law of Jurisdictional Guarantees and Constitutional Control that "The reparation will be carried out according to the type of violation, the circumstances of the facts and the impact on the life project", with which the integral reparation It must be the result of the motivation of the constitutional judge, considering as the main element the proportionality that must exist between thelegal remedies and the declaration of violation of constitutional rights. Additionally, the same normative provision recognizes the type of possible repairs, without being an exhaustive list, which is the result of the reception of international standards; Thus, mention is expressly made of the measures of: restitution of the right, economic or patrimonial compensation, rehabilitation, satisfaction, guarantees of nonrepetition, obligation to investigate, recognition measures, public apologies, provision of public services, health care, among other In such a way that the restitio in integrum provides the victims of the transgressions of constitutional rights to enjoy the right in the most adequate way possible and, as far as possible, it is restored to the previous situation of the violation, when that is possible. Therefore, the following Degree Project aims to generate a study of the genesis of integral reparation, its principles, analyze the damages present in the victims and the reparation mechanisms provided by the Law. A specialized Unit is proposed to attend to the citizenship and the victims of criminal offenses, that only this typicity be addressed since the Public Defender's Office of Ecuador does not provide the specialized and technical attention that the victims need, there is no place where the rights that assist them, the amparo professed by article 78 of the Constitution of the Republic and article 68 of the Comprehensive Organic Penal Code and provide them with the mechanism to make their claims, providing citizens with basic knowledge in legal advice.
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    El debido proceso y la proporcionalidad de las penas en la conducción de vehículos en estado de embriaguez
    (Universidad Técnica de Ambato. Facultad de Jurisprudencia y Ciencias Sociales, Unidad de Posgrado, Maestria en Derecho Constitucional, 2021-01) Gavilanes Altamirano, Danny Israel; Pazmiño Vargas, Klever Alonso
    Guaranteeing respect for the rights of procedural subjects, as well as ensuring compliance with the guarantees of due process, are one of the fundamental pillars that the Ecuadorian State provides among its plurinational and multicultural principles. In turn, criminal law is the body in charge of carrying out the legal order, each time an irregularity or criminal offense occurs with the intention of protecting the legal security of society. Part of this safeguard is to enforce the different legal mechanisms, so that when a trial is used; There remains reliable and convincing evidence of having used due process, in cases where there is a need to punish a person, that it is proven that he has committed a criminal offense. The objective of the following Degree Work is to diagnose the general characteristics of due process and analyze the proportionality of the penalties in terms of their application, in cases related to the driving of vehicles in a state of intoxication, where it is sought to detect the possibility of the existence of a legal vacuum that violates human rights and, respect for the free movement of whoever commits the crime or infraction. It is a mixed investigation, directed towards the iterative or integrative, under the documentary modality, explanatory-descriptive and correlational field. The results of the investigation indicate that there is a disproportionality in the sanctions or penalties that arise from the violation of driving vehicles while intoxicated, typified in the Comprehensive Organic Penal Code (COIP), especially when compared with other criminal offenses of higher magnitude and are sanctioned by the same COIP in a non-proportional way, affirming among the conclusions the existence of a legal vacuum, with respect to these penalties that a judge sanctions, leaving aside for the legislators, the possibility of considering what is known as the abstract penalty, to measure in a coherent, suitable, necessary and weighted manner the possibility that the sanction is commensurate or proportional to the magnitude of the violation, without neglecting the damage to third parties that could be caused. Descriptors: